This very recent decision supports the benefit and need for massage therapy treatment, among other treatment modalities. In Anderson v. Gagnon, 2018, BCSC 98 (CanLii) the Plaintiff suffered injuries to her neck and upper back. She was suffering with spasms and decreased movement in her shoulder with daily activity.  It was noted that the Plaintiff […]

Read more "Cost of future care awards – Are the costs medically justified and reasonable?"

Does the insurance exception rule apply to cost of future care awards for prescribed medication when the Plaintiff benefits from an extended medical health plan ? The principle generally is that a plaintiff is only entitled to be compensated for his or her actual loss. Therefore, if medication has been prescribed and there is medical support […]

Read more "Reductions In Cost of Future Care Awards – Prescribed Medication / The Analysis"

A recent decision in Park v. Donnelly, 2018 BCSC 219 confirms that offers must be “clear and unambiguous.” Language is very important, and if you do not use clear language, you may have difficulties claiming costs from the date of such offer, if the offer is deemed ambiguous.  This decision suggests that in drafting offers, we […]

Read more "Offers must be Clear and unambiguous – Stay away from “Old Money” / “New Money”"

In Dennsteadt v. Lepine, 2018 BCSC 220, the Court reviews the law as it pertains to economic loss. As we all know, there are two approaches in assessing this category, and it does not hurt to review the law on this subject, although it is well known: [63]        Goepel J.A. in Grewal v. Naumann, 2017 BCCA 158, […]

Read more "Diminishment of Earning Capacity – Review the Extent, Duration and Effect of the Injury"

In a legal action in which complex injuries are involved, it is often necessary to seek multiple expert opinions from various specialties to assist with seeking opinions on the diagnosis and prognosis of the injured Plaintiff. A recent case in Tabah v. Bress, 2018 BCSC 185 reviews the legal principles that are to be considered […]

Read more "Properly and Necessarily Incurred Disbursements – The Principles to Consider"

Johal v. Singh, 2017 BCSC 2431 Defence counsel in this case applies for an Order that the Plaintiff attend a Functional Capacity Evaluation with an Occupational Therapist, Timothy Winter. Injuries claimed: Neck Shoulder Back Right Arm Right hand Left leg Depression The Plaintiff claims permanent physical disability, past and future loss of housekeeping and past […]

Read more "The Test – Equal Footing As it Relates to an IME / Successful Defence Application"

I am co-chairing the third annual Paralegal Conference with the TLABC and BC Paralegal Association, together with my co-chair Dee Rogers. Date, Time & Location: Wednesday 7 March 2018, Pan Pacific Hotel 999 Canada Place Way, Vancouver. The seminar runs from 9:00 am – 5:00 pm. Course Details:  This professional development seminar will inspire every paralegal, […]

Read more "Paralegal Conference: The Aspiring & Inspiring Paralegal, Professional Development & Leadership"

Although each case will need to be considered on its own facts to determine an appropriate range of damages, a recent decision in Sdrakas v. Dawe-Cook, 2017 BCSC analyzes the issue of causation and whether the Plaintiff sustained a right shoulder injury, and more specifically a rotator cuff tear, as a result of the motor […]

Read more "2017 Quantum for a Rotator Cuff Injury – $110,000"

Awareness is Key As per the BC Injury Research and Prevention Unit, there are a number of statistics and facts in relation to motor vehicle collisions in the Province of British Columbia, which are enumerated below: Occurrence The majority of motor vehicle collisions involve injury to occupants, yet many motor vehicle-related injuries can occur among […]

Read more "BC Crashes – Stats & Facts"

A short leave application brought by the defence in O’Callaghan v. Hengsback, 2017 BCSC 2182 to compel the Plaintiff to attend a defence psychiatric IME is dismissed by Master Baker. The basis for the denial is that the matter was not deemed urgent and furthermore, the Court agreed with the Plaintiff who took the position […]

Read more "A Message to the Profession – Short Leave Applications"